Those claiming AI training on copyrighted works is "theft" misunderstand key aspects of copyright law and AI technology. Copyright protects specific expressions of ideas, not the ideas themselves. When AI systems ingest copyrighted works, they're extracting general patterns and concepts - the "Bob Dylan-ness" or "Hemingway-ness" - not copying specific text or images.
This process is akin to how humans learn by reading widely and absorbing styles and techniques, rather than memorizing and reproducing exact passages. The AI discards the original text, keeping only abstract representations in "vector space". When generating new content, the AI isn't recreating copyrighted works, but producing new expressions inspired by the concepts it's learned.
This is fundamentally different from copying a book or song. It's more like the long-standing artistic tradition of being influenced by others' work. The law has always recognized that ideas themselves can't be owned - only particular expressions of them.
Moreover, there's precedent for this kind of use being considered "transformative" and thus fair use. The Google Books project, which scanned millions of books to create a searchable index, was ruled legal despite protests from authors and publishers. AI training is arguably even more transformative.
While it's understandable that creators feel uneasy about this new technology, labeling it "theft" is both legally and technically inaccurate. We may need new ways to support and compensate creators in the AI age, but that doesn't make the current use of copyrighted works for AI training illegal or unethical.
For those interested, this argument is nicely laid out by Damien Riehl in FLOSS Weekly episode 744. https://twit.tv/shows/floss-weekly/episodes/744
The whole point of copyright in the first place, is to encourage creative expression, so we can have human culture and shit.
The idea of a "teensy" exception so that we can "advance" into a dark age of creative pointlessness and regurgitated slop, where humans doing the fun part has been made "unnecessary" by the unstoppable progress of "thinking" machines, would be hilarious, if it weren't depressing as fuck.
...within a capitalistic framework.
Humans are creative creatures and will express themselves regardless of economic incentives. We don't have to transmute ideas into capital just because they have "value".
I'd agree, but here's one issue with that: we live in reality, not in a post-capitalist dreamworld.
Creativity takes up a lot of time from the individual, while a lot of us are already working two or even three jobs, all on top of art. A lot of us have to heavily compromise on a lot of things, or even give up our dreams because we don't have the time for that. Sure, you get the occasional "legendary metal guitarist practiced so much he even went to the toilet with a guitar", but many are so tired from their main job, they instead just give up.
Developing game while having a full-time job feels like crunching 24/7, while only around 4 is going towards that goal, which includes work done on my smartphone at my job. Others just outright give up. This shouldn't be the normal for up and coming artists.
That's why we should look for good solutions to societal problems, and not fall back on bad "solutions" just because that's what we're used to. I'm not against the idea of copyright existing. But copyright as it exists today is stifling and counterproductive for most creative endeavors. We do live in reality, but I don't believe it is the only possible reality. We're not getting to Star Trek Space Communism™ anytime soon and honestly I like the idea of owning stuff. That doesn't mean that there aren't concrete steps we can and should take right now in the present reality to make things better. And for that to happen we need to get our priorities and philosophies straight. Philosophies which for me include a robust public commons, the inability to own ideas outright, and the ability to take and transform art and culture. Otherwise, we're just falling into the "temporarily embarrassed millionaires" mindset but for art and culture.